Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 87 CC NI ACT / 2322/2024
Rakesh Behl Vs. Harvinder Khanna /0 (Subhash Place)
Proceedings conducted online through Video Conferencing using CISCO WEBEX Software.
Counsels are directed to appear with Camera open.
Presence of the accused will not be marked if his or her video is off.
Ld PO is also looking after Second Half Day Link work.
14.05.2025
Present: Sh. Preeti, Ld. Counsel for complainant.
Sh. Arjun Singh, Ld. Counsel for the proposed accused.
Matter is listed for arguments on the point of cognizance.
Fresh vakalatanam filed on behalf of the proposed accused. Taken on record.
Arguments on the point of cognizance advanced by the proposed accused. It is
submitted by him that he had made payment in the present matter and that a false complaint has
been filed by the Complainant in lieu of the security cheuqes issued by him.
Heard. Perused. Considered.
The issue raised by proposed accused is a matter of trial and is not relevant at the
stage of cognizance
This is complaint filed for offence punishable under Section 138 NI Act.
Complaint, affidavit of evidence and other annexed documents perused. The original complaint
and documents are placed in the safe custody of the Reader-cum-ahlmad of this court.
I take cognizance of the said offence.
Heard on the point of summoning.
Following the law laid down in A.C.Narayanan Vs. State of Maharashtra & Anr.
(2014) 11 SCC 790, complaint, affidavit of evidence and documents considered.
In view of the complaint, documents produced and verification in the form of
affidavit of evidence, there are sufficient grounds for proceeding further against the accused
Harvinder Khanna for offence punishable under Section 138 NI Act.
The complainant side is directed to file metadata form before filing of PF.
Since the accused is present today. The requirement of issuing summons to secure
his / her presence today is hereby dispensed with.
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Offence under Section 138 NI Act being bailable in nature, the accused is
admitted to bail on furnishing of bail bonds with surety bonds for a sum of Rs. 40,000/- with
one surety of like amount.
Time is sought for furnishing of surety bonds. Let the same be filed before the
next date of hearing. Meanwhile, personal bonds of the accused be filed during the course of
the day on the court mail ID.
Accordingly, matter stands adjourned for furnishing of bail bonds and framing of
notice on 09.07.2025.
(Garima Garg)
Judicial Magistrate First Class
(NI Act) Digital Court-01, North West,
Rohini Courts, Delhi/14.05.2025
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